Should grandparents have legal rights to have visitation?

My SIL had a baby by a junky who is in prison now. He was in when she was pregnant and had the baby until the baby was about 4 months old. Got out and they were together for about 2 years. Then they split and he went back to prison. Now his parents took my SIL to court and was granted visitation to see the little girl. They get her one weekend each month. Should grandparents be able to have legal rights to a kid that is not their own?

I mean if they can have legal rights would that mean any stranger could take you to court for visitation or even custody of your child?

I feel that this is my child and the only person who should be able to take me to court would be his father if something happened between us. Not a grandparent.

My SIL had a baby by a junky who is in prison now. He was in when she was pregnant and had the baby until the baby was about 4 months old. Got out and they were together for about 2 years. Then they split and he went back to prison. Now his parents took my SIL to court and was granted visitation to see the little girl. They get her one weekend each month. Should grandparents be able to have legal rights to a kid that is not their own?

I mean if they can have legal rights would that mean any stranger could take you to court for visitation or even custody of your child?

I feel that this is my child and the only person who should be able to take me to court would be his father if something happened between us. Not a grandparent.

yes i believe grandparents should have a right to see their grandchild...as long as they are not a danger to them. I think it is silly you would compare grandparents to strangers. Really? it is not like they got full custody.

I just don't really understand the mentality that your child is yours and yours alone. Family does not just mean mom, dad and kid(s). IMO. My definition of a family is mom, dad, grandparents, aunts, uncles, cousins and so forth. In my family they all love our kids and I am happy that they want to be a part of their lives.

It takes a village.

Sigh.

yes i believe grandparents should have a right to see their grandchild...as long as they are not a danger to them. I think it is silly you would compare grandparents to strangers. Really? it is not like they got full custody.

I just don't really understand the mentality that your child is yours and yours alone. Family does not just mean mom, dad and kid(s). IMO. My definition of a family is mom, dad, grandparents, aunts, uncles, cousins and so forth. In my family they all love our kids and I am happy that they want to be a part of their lives.

also, it doesn't sound like this little girl will have the most stable environment growing up. Daddy is in and out of jail, is a junky, so my assumption would be that mom may have been at one time as well. Most people who hook up with a junky are or were one themselves. I could totally be wrong on that.

Maybe the grandparents can help with that?

how is the SIL related to you. Do you know the grandparents at all?

also, it doesn't sound like this little girl will have the most stable environment growing up. Daddy is in and out of jail, is a junky, so my assumption would be that mom may have been at one time as well. Most people who hook up with a junky are or were one themselves. I could totally be wrong on that.

I say no they should not have court appointed un-supervised visitation. I would support supervised visitation because they are grandparents and I don't think they should be prohibited form seeing their grandchild just because the father is in jail.

In general I think this is a slippery slope and raises a lot of questions on parental rights and responsibilities. Some lawyers might appeal this decision and I can see a good debate coming.

Yes and no.

I say no they should not have court appointed un-supervised visitation. I would support supervised visitation because they are grandparents and I don't think they should be prohibited form seeing their grandchild just because the father is in jail.

In general I think this is a slippery slope and raises a lot of questions on parental rights and responsibilities. Some lawyers might appeal this decision and I can see a good debate coming.

why do you think it should be supervised? Do you not ever leave your children with either your parents or you DH's for a date or anything like that? I can see supervised if there is a concern, but not in every case. I am really just curious.

we leave our kids with my parents and with DH's dad. But I am not sure if we would ever leave them with DH's mom. My parents live about 45 minutes away so it is nice to be able to leave them over might every once in a while :)

DH's family is all out of state so it does not happen very often :)

why do you think it should be supervised? Do you not ever leave your children with either your parents or you DH's for a date or anything like that? I can see supervised if there is a concern, but not in every case. I am really just curious.

we leave our kids with my parents and with DH's dad. But I am not sure if we would ever leave them with DH's mom. My parents live about 45 minutes away so it is nice to be able to leave them over might every once in a while :)

Yes I think grandparents should have visitation rights if need be. I know that my kids' grandparents adore the kids and the kids love them also. I just couldn't imagine if something were to happen to me and DH wouldn't let my kids see my parents. It would kill them because they are so close to my kids. So yes in certain situations they should have rights.

Also agree with PP who said no parent should withhold visitation from grandparents either. That's just cruel.

Yes I think grandparents should have visitation rights if need be. I know that my kids' grandparents adore the kids and the kids love them also. I just couldn't imagine if something were to happen to me and DH wouldn't let my kids see my parents. It would kill them because they are so close to my kids. So yes in certain situations they should have rights.

Also agree with PP who said no parent should withhold visitation from grandparents either. That's just cruel.

I wouldn't compare a grandparent to a stranger. However, in the event anything could happen to DH (like death, handicap, jail, anything preventing him from fathering) I would be very upset if his parents took me to court to have visitation rights.

To me my daughter is my daughter. I get to pick and choose who she is allowed to be with. Not all grandparents are good care givers if you know what I mean.

Now I could see them taking the legal road if I out right refused to ever let them see their grandchild again (I would never do this BTW). This may or may not be the case with your SIL. But what the court is saying to me in this case is that a grandparent has just as much parental rights as the biological parents, and I am just not sure I really agree with that, unless they can prove the biological parent is unfit to care for the child.

I hope this all makes sense, I feel like I'm kind of rambling this all together.

I wouldn't compare a grandparent to a stranger. However, in the event anything could happen to DH (like death, handicap, jail, anything preventing him from fathering) I would be very upset if his parents took me to court to have visitation rights.

To me my daughter is my daughter. I get to pick and choose who she is allowed to be with. Not all grandparents are good care givers if you know what I mean.

Now I could see them taking the legal road if I out right refused to ever let them see their grandchild again (I would never do this BTW). This may or may not be the case with your SIL. But what the court is saying to me in this case is that a grandparent has just as much parental rights as the biological parents, and I am just not sure I really agree with that, unless they can prove the biological parent is unfit to care for the child.

I hope this all makes sense, I feel like I'm kind of rambling this all together.

I'm going to say no. They did not birth the child, conceive the child, and they don't support theÂ child. They are not there on a daily basis. So, IMO they should not have any legal visitation rights. Ultimately, the parent should make the decision who they want in theÂ child'sÂ life and how frequently. IMO it would be unfair to impose this on parents.Â

I'm going to say no. They did not birth the child, conceive the child, and they don't support theÂ child. They are not there on a daily basis. So, IMO they should not have any legal visitation rights. Ultimately, the parent should make the decision who they want in theÂ child'sÂ life and how frequently. IMO it would be unfair to impose this on parents.Â

Many states do not not allow grandparents to sue for visitation (this is different than suing for custody). Â I do think it is important to have that ability in place. Â I think of more from the standpoint of the child than the grandparent. Â A child should not miss out on his or her grandparents because of family fighting, the death of a parent, divorce, etc. Â

In these cases, the court generally takes into consideration a number of facts - stability of the grandparents (e.g., any mental issues, safety issues), whether the child wants to see the grandparents, hardship on the parents. Â The court is supposed to be the child's advocate and do what is in his or her's best interest.

Many states do not not allow grandparents to sue for visitation (this is different than suing for custody). Â I do think it is important to have that ability in place. Â I think of more from the standpoint of the child than the grandparent. Â A child should not miss out on his or her grandparents because of family fighting, the death of a parent, divorce, etc. Â

In these cases, the court generally takes into consideration a number of facts - stability of the grandparents (e.g., any mental issues, safety issues), whether the child wants to see the grandparents, hardship on the parents. Â The court is supposed to be the child's advocate and do what is in his or her's best interest.

Ideally, children should be allowed to have relationships with their grandparents. When parents withhold their children, it is just sad. However, I don't know that anyone, who is not a parent, should be allowed to take a child from a parent, against the parent's will. Even if it is only for one hour a month.

I am on the fence with this one.

Ideally, children should be allowed to have relationships with their grandparents. When parents withhold their children, it is just sad. However, I don't know that anyone, who is not a parent, should be allowed to take a child from a parent, against the parent's will. Even if it is only for one hour a month.

I think grandparents should have some rights. They obviously have to be fit enough to be granted visitation, and I'm sure court determined that.

For a child whose life so far has been less than stable, it should be beneficial to have two loving grandparents. And if the mother denied contact, I can see why it was taken to court. I might have done the same, especially if I wanted to make sure that my grand child is well taken care of.Â

I think grandparents should have some rights. They obviously have to be fit enough to be granted visitation, and I'm sure court determined that.

For a child whose life so far has been less than stable, it should be beneficial to have two loving grandparents. And if the mother denied contact, I can see why it was taken to court. I might have done the same, especially if I wanted to make sure that my grand child is well taken care of.Â

I am going to assume that since your sil was with the father for two years that the child probably has a bond with the grandparents. Keeping the child away from them is wrong to me. If me and my husband split up I would still want him AND his parents in my sons life. I think it is cruel to withhold a child from family that they have a bond with for no reason.

Do I think the legal system should be involved? Not sure. Probably not, but in this case since the father can't get visitation I can understand why they did it.

I am going to assume that since your sil was with the father for two years that the child probably has a bond with the grandparents. Keeping the child away from them is wrong to me. If me and my husband split up I would still want him AND his parents in my sons life. I think it is cruel to withhold a child from family that they have a bond with for no reason.

Do I think the legal system should be involved? Not sure. Probably not, but in this case since the father can't get visitation I can understand why they did it.

Like anything else, it isn't black and white, cut and dry. my Mom is a huge part of my kids life, she couldn't replace me in my kids lives just like I couldn't replace her. If I was dead and DH and my Mom had a falling out, I'd want her to have visitation, as much for thier sake as for hers. They have lived with her while we were moving and are attached to her, I can't imagine them not having her in their lives...

Like anything else, it isn't black and white, cut and dry. my Mom is a huge part of my kids life, she couldn't replace me in my kids lives just like I couldn't replace her. If I was dead and DH and my Mom had a falling out, I'd want her to have visitation, as much for thier sake as for hers. They have lived with her while we were moving and are attached to her, I can't imagine them not having her in their lives...

Absolutely not.If my father fought for any type of visitation and won I'd pack my family up and flee the country before he ever laid eyes on my son. He is the most verbally and emotionally abusive person I've met. He's a horribly bigotted person and I don't care how much he wants to see my son that child molestor will NEVER see him. A fight in court about his "stability" would be nothing more than a he said she said deal since the abuse was never reported. Not even everyone in my family knows what I endured. The grandparents didn't have anything to do with the conception, birthing or raising of the child (in most cases). They shouldn't have rights. Most people who insist the children not be around grandparents have good reasons. Sometimes those reasons are something too painful to be aired out. I do not believe its right to violate the wishes of the parent who has the intentions of keeping negative influences out of their child's life just because there are a few jerks who use their children as pawns in family relationships. It sucks for them and I feel bad for them but putting others in danger by opening that door is wrong.

Absolutely not.If my father fought for any type of visitation and won I'd pack my family up and flee the country before he ever laid eyes on my son. He is the most verbally and emotionally abusive person I've met. He's a horribly bigotted person and I don't care how much he wants to see my son that child molestor will NEVER see him. A fight in court about his "stability" would be nothing more than a he said she said deal since the abuse was never reported. Not even everyone in my family knows what I endured. The grandparents didn't have anything to do with the conception, birthing or raising of the child (in most cases). They shouldn't have rights. Most people who insist the children not be around grandparents have good reasons. Sometimes those reasons are something too painful to be aired out. I do not believe its right to violate the wishes of the parent who has the intentions of keeping negative influences out of their child's life just because there are a few jerks who use their children as pawns in family relationships. It sucks for them and I feel bad for them but putting others in danger by opening that door is wrong.

That is not the type of situation where it is usually successful. Â Generally the successful situations are those where there is divorce or death of a parent and the non-custodial grandparents seek visitation. Â When the grandparent of the custodial parent seeks visitation, the court is unlikely to grant it. Â The court weighs heavily in favor of the custodial parent when it is their parent seeking visitation.

That is not the type of situation where it is usually successful. Â Generally the successful situations are those where there is divorce or death of a parent and the non-custodial grandparents seek visitation. Â When the grandparent of the custodial parent seeks visitation, the court is unlikely to grant it. Â The court weighs heavily in favor of the custodial parent when it is their parent seeking visitation.

Grandparents should absolutely have visitation or custody rights if that is in the best interest of the child. A parent should not be able to prevent a grandparent from visiting his or her grandchild if that is contrary to the child's best interest. And, unfortunately, in many cases, parents do not look out for thier childrens' best interests. So, court involvement is often necessary.

Grandparents should absolutely have visitation or custody rights if that is in the best interest of the child. A parent should not be able to prevent a grandparent from visiting his or her grandchild if that is contrary to the child's best interest. And, unfortunately, in many cases, parents do not look out for thier childrens' best interests. So, court involvement is often necessary.

The material on this website is provided for educational purposes only and is not to be used for medical advice, diagnosis, or treatment, or in place of therapy or medical care. Use of this site is subject to our terms of use and privacy policy

Advertising Notice

This Site and third parties who place advertisements on this Site may collect and use information about your visits to this Site and other websites in order to provide advertisements about goods and services of interest to you. If you would like to obtain more information about these advertising practices and to make choices about online behavioral advertising, please click here